California Court of Appeal

Defendant's petition for writ of mandate to order the trial court to grant defendant's motion for DNA testing of a bottle of water that was left at the scene of a crime, is granted, where: 1) defendant satisfied the elements of Penal Code section 1405; and 2) the trial court abused its discretion in holding there was no "reasonable probability" the verdict would be more favorable had the DNA testing been performed.

Appellate Information

• Decided 06/28/2013
• Published 06/28/2013

Judges

• IKOLA

Court

• California Court of Appeal

Counsel